Fennelly J

English national could not be surrendered to France for investigation or trial of murder allegedly committed in Ireland.

By Mark Tottenham BL in Denham CJ, Fennelly J, Hardiman J, Murray J, O'Donnell J No Comments Tags: ,

Minister for Justice v. Bailey [2012] IESC 16
(Supreme Court, Denham CJ, Murray J, Hardiman J, Fennelly J, O’Donnell J (all concurring), 1 March 2012)

Supreme Court allows appeal from High Court, and refuses order to surrender English national to France for investigation or trial of alleged murder of French person in Ireland.

Denham CJ (Full text.): European arrest warrant – appeal from order of surrender in High Court (Peart J) – application for surrender to France on charge of murder allegedly committed in Ireland – whether surrender More

Supreme Court upholds refusal to dismiss personal injuries action.

By Mark Tottenham BL in Fennelly J No Comments Tags:

Goodwin v. Bus Éireann [2012] IESC 9
(Supreme Court, Fennelly J (nem diss), 23 February 2012)

Supreme Court dismisses appeal from High Court’s failure to dismiss personal injuries claim for allegedly false or misleading evidence. (Full text.)

Personal injuries – application to dismiss claim – fraudulent exaggeration of claim – liability admitted – s 26, Civil Liability and Courts Act, 2004 – award of €260,779 in High Court – film by private investigator – claim that plaintiff had More

Abolition of offence of buggery in 1993 prevented prosecution of alleged offence in 1970.

By Mark Tottenham BL in Denham CJ, Fennelly J, Hardiman J No Comments Tags: , , ,

DPP v. Judge Mary Devins [2012] IESC 7
(Supreme Court, Denham J, Hardiman J (with them, Macken J), Fennelly J (dissenting) (with him, Murray J), 8 February 2012)

Supreme Court allows appeal from decision of High Court, and holds that notice party was not liable for prosecution for alleged buggery of a child in 1970.

Denham CJ (Full text.): Judicial review – decision by District Court judge to make no order in relation to charge of buggery – repeal of ss 61 and 62, Offences Against the Person Act 1861 – buggery – whether a statutory offence – More

Landlord not bound by ground rents legislation, therefore had no standing to challenge its constitutionality.

By Mark Tottenham BL in Fennelly J No Comments Tags: ,

Shirley v. O’Gorman [2012] IESC 5
(Supreme Court, Fennelly J (nem diss), 2 February 2012)

Supreme Court dismisses appeal from High Court in constitutional challenge to ground rents legislation, holding that: a) the High Court imposed an incorrect standard of proof in relation to who constructed original buildings, and that landlord was not properly affected by section 10(2) of the Landlord and Tenant (Ground Rents)(no 2) Act 1978; b) accordingly, the landlord did not have standing to challenge the constitutionality of section 10(2); and c) it was a matter for the High Court to consider the effect of the Supreme Court judgment. (Full text.)

Landlord and tenant – ground rents legislation – constitutionality of legislation – appeal from High Court decision – lease of house and lands – construction of supermarket on lands – breach of covenant – loss of original identity of buildings – More

Life prisoner transferred from England detained lawfully under Irish parole regime.

By Mark Tottenham BL in Denham CJ, Fennelly J No Comments Tags: , ,

Caffrey v. Governor of Portlaoise Prison [2012] IESC 4
(Supreme Court, Denham CJ (with her, Hardiman J, Macken J), Fennelly J (with Murray J, dissenting), 1 February 2012)

Supreme Court dismisses appeal from High Court, and holds that life prisoner transferred from England continued to be lawfully detained.

Denham CJ (Full text.): Lawfulness of detention – appeal from decision of High Court (Charleton J) – Article 40 – habeus corpus – warrant – mandatory life imprisonment imposed in England for murder – expiration of recommended More

State required to give undertaking as to damages in interim application to seize property under proceeds of crime legislation.

By Mark Tottenham BL in Fennelly J, O'Donnell J No Comments Tags: ,

Minister for Justice v. Devine [2012] IESC 2
(Supreme Court, Fennelly J (with him, Hardiman J, McKechnie J), O’Donnell J (dissenting; with him Finnegan J), 26 January 2012)

Supreme Court dismisses appeal from High Court, and holds that an undertaking as to damages was required when state sought interim injunction to seize assets under proceeds of crime legislation.

Fennelly J (Full text.): Interim injunction – application by state – whether undertaking as to damages required – conviction of VAT fraud in England – seizure of properties in Ireland – Part VII, Criminal Justice Act, 1994 – More

Objective bias not established in professional misconduct hearing against nurse and midwife.

By Mark Tottenham BL in Fennelly J No Comments Tags: ,

Ó Ceallaigh v. An Bord Altrainais [2011] IESC 50
(Supreme Court, Denham CJ, Murray J, Hardiman J, Fennelly J, Macken J, 21 December 2011)

Supreme Court dismisses appeal from refusal of judicial review in High Court, and holds that there was insufficient evidence of objective bias to restrain hearing of professional misconduct. (Full text.)

Fennelly J (nem diss): Judicial review – professional misconduct hearing – allegation of objective bias – chairperson of tribunal and principle expert witness working at same hospital as appellant – domiciliary midwife – dismissal of More

Lack of defence of honest mistake renders unconstitutional the offence of unlawful carnal knowledge.

By Mark Tottenham BL in Denham CJ, Fennelly J, Murray J No Comments Tags: ,

Z S v. DPP [2011] IESC 49
(Supreme Court, Denham CJ, Murray J, Hardiman J, Fennelly J, Macken J, 21 December 2011)

Supreme Court allows appeal from High Court, and grants declaration that s 2(1) of the Criminal Law Amendment Act 1935 was inconsistent with the constitution by reason of the fact that it excluded the defence of mistake.

Fennelly J (Full text.): Constitutionality of statute – unlawful carnal knowledge – defence of honest mistake – s 2, Criminal law (Amendment) Act, 1935 – charge of unlawful carnal knowledge with 16-year-old girl – whether amendment to s 2 by More

O’Callaghan v. DPP – SC – Criminal judicial review, fitness to be tried, nolle prosequi

By Mark Tottenham BL in Fennelly J, Hardiman J No Comments Tags:

O’Callaghan v. DPP [2011] IESC 30 (22 July 2011)

Supreme Court (Hardiman J, Fennelly J, nem diss) allows appeal from High Court (Hedigan J), and grants order restraining DPP from prosecuting accused on new charges following entry of nolle prosequi.

Hardiman J (Full text): Judicial review – criminal – burglary – indecent assault – fitness to be tried – 2006 ruling that accused not fit to be tried – application by prosecution to re-enter proceedings on grounds of evidence that accused fit to be tried – 2007 nolle prosequi – accused charged on same offences – s 4(2) Criminal Law Insanity Act 2006 – s 13, 2006 Act – “no longer unfit to be tried” – whether accused detained pursuant to s 4, 2006 Act – differences in psychiatric opinion – s.12, Criminal Justice (Administration) Act, 1924 – effect of nolle prosequi – whether determination that accused was unfit to be tried could be set aside on new charges.

Fennelly J (Full text): Judicial review – charges of burglary and indecent assault – determination that accused unfit to be tried – re-entry of proceedings followed by nolle prosequi – whether entry of nolle prosequi affected order that accused was unfit for trial – whether accused placed at significant disadvantage in second prosecution.

The State (O’Callaghan) v. ÓhUadhaigh [1977] IR 42
Carlin v Director of Public Prosecutions: [2010] 2 I.L.R.M. 145
Eviston v Director of Public Prosecutions [2002] 3 I.R. 260

Canty v. PRTB – SC, residential tenancies

By Mark Tottenham BL in Fennelly J, McKechnie J 1 Comment Tags: , ,

Canty v. PRTB [2011] IESC 28 (19 July 2011)

Supreme Court (Fennelly J, nem diss): i) dismisses appeal from refusal of High Court (McKechnie J) to grant judicial review of the issue of criminal summons by the Private Residential Tenancies Board; and ii) affirms the decision by the High Court that a landlord was entitled to enforce an interim order of the PRTB after a final determination had been made. (Full text.)

Judicial review and case stated – issue of summons for breach of direction of Private Residential Tenancies Board – failure of appellant to comply with determination order – dispute over electricity bills – failure of tenant to sign PRTB registration form – interim direction of PRTB – determination of Circuit Court – whether a private landlord was entitled to enforce an interim determination of the board after a final determination had been made – whether the board had the power to institute criminal proceedings prior to the exhaustion of the civil proceedings.

Dillon v Dunne’s Stores Ltd., [1966] IR 397

1 2 3
Subscribe

Get every new post on this site delivered to your Inbox.

Join other subscriberss: